The Texas Court of Criminal Appeals was known for upholding convictions even when overwhelming exculpatory evidence came to light.
Their cell phones and Sollecito's computer were switched off at the time of the murder, depriving them of potentially exculpatory evidence.
Stephen Abraham, was for six months in charge of seeing to it that exculpatory evidence was transmitted to the tribunals from intelligence and defense agencies.
The asset freeze has prevented Dotcom from paying his lawyers, and the seizure of the Megaupload servers could lead to the destruction of potentially exculpatory evidence on them.
FORBES: How Copyright Criminalization Threatens Online Innovation
But in that case, Dotcom would have had the opportunity to defend himself in court, offering potentially exculpatory evidence or arguing that the content companies were misinterpreting the law.
FORBES: How Copyright Criminalization Threatens Online Innovation
Prosecutors could also be required to turn over more raw data with potentially exculpatory evidence, except in cases where it threatens national security or endangers witnesses in a criminal case.
The report found that the prosecutorial misconduct was "intentional, " though it doesn't recommend criminal contempt prosecutions because at trial government lawyers were not specifically ordered to share all exculpatory evidence.
Spectacularly absent from the Referral is any discussion of contradictory or exculpatory evidence, or any evidence that would cast doubt on the credibility of the testimony the OIC cites (but does not explicitly quote).
Last year he filed a habeas corpus petition in federal court saying the New York court where he was convicted violated his constitutional right to present a defense by not giving him exculpatory evidence prior to trial.
Defendants tagged with old crimes based solely on DNA evidence can have difficulty marshaling exculpatory evidence, including alibi witnesses and other proof to counter accusations, recent Washington College of Law graduate Andrew Bernasconi wrote in a long article on the subject for the American University Law Review.
Where there is evidence, which may be either exculpatory or incriminating, we want to get that evidence.
应用推荐